Terms and Conditions of Use
Services Description: ContractHub, Inc. and its affiliates (“ContractHub”) offers an electronic platform (“ContractHub Platform”) to entities (“Companies”), subject matter experts (“Experts”), co-founders (“Co-Founders”), advisors (“Advisors”), and other (collectively, “Platform Participants”) to help grow businesses by interacting over the ContractHub Platform. The ContractHub Platform facilitates confidential communications, contracting, work product and the creation and execution of other business material (“Submitted Material”) by and among ContractHub Platform Participants (collectively, the “Services”).
In order for ContractHub to provide its Services, Companies, Co-Founders, Advisors, Experts, Company employees, and other permitted end users (collectively, “You”) must agree to the following terms and conditions as set forth below before using the ContractHub Platform. Your use of the ContractHub Platform indicates your continued acceptance of these Terms and Conditions of Use (the “Agreement”).
You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. If you do not accept this Agreement, you should click the ‘decline’ button and promptly destroy or delete any materials in your possession relating to the Services. In this Agreement, the words “you” and “your” refer to the person accepting this Agreement, and “ContractHub” refers to ContractHub, Inc. and its affiliates.
ContractHub Platform: ContractHub enters into agreements with Companies to allow them to use the Services of the ContractHub Platform to facilitate working with Co-Founders, Advisors, Experts, employees and other strategic partners to help facilitate the growth of businesses.
The ContractHub Platform is an administrative platform facilitating the communications among Companies, Co-Founders, Advisors, Experts, employees and other key partners. ContractHub is not a broker, financial institution, custodian, legal advisor, accounting advisor, tax advisor, financial advisor, guarantor, fiduciary, or agent of any of the parties. ContractHub has no control over the conduct of, or over the accuracy of Submitted Material provided by You and ContractHub disclaims all liability in this regard to the fullest extent permitted by applicable law.
ContractHub does not guarantee, explicitly or implicitly, a successful working relationship among You and other parties over the ContractHub Platform and each party shall evaluate for itself through its own business acumen, independent legal counsel and any other professional advisors as to the value of its services, time and efforts, and each party disclaims any responsibility or liability of ContractHub for the outcome of any relationship among you and the other parties on ContractHub Platform.
ContractHub does not and cannot verify the Submitted Material and ContractHub cannot guarantee or endorse the services to be provided among Companies, Advisors, Experts, employees and other key partners. The ContractHub Platform may contain one or more hyperlinks to third-party websites and services outside of the ContractHub Platform. ContractHub and any party that invites you to these third-party websites are not responsible for information gathered from, or the use of, any of these third-party websites and services.
The ContractHub Platform includes but is not limited to any images, “applets”, photographs, animations, video, audio, text and source codes incorporated into the ContractHub Platform by ContractHub, the “look and feel” of the ContractHub Platform, and any proprietary software provided to you by ContractHub for the purpose of facilitating the exchange of Submitted Material and transactions over the ContractHub Platform. ContractHub does not own the Submitted Material submitted by you over ContractHub Platform.
The ContractHub Platform is an Internet-based hosted platform designed to facilitate Submitted Material amongst Companies, Co-Founders, Advisors, Experts, employees and other key partners. You have been assigned an ContractHub ID and password, which grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited right license (the “License”) to access ContractHub Platform and use its Services.
Access to the ContractHub Platform is provided via the Internet through the World Wide Web. You are required to supply all software or hardware needed by you to access the Services, such as computer, an Internet connection and compatible Web browser software. In addition, you may be required to download and/or install additional software (e.g., certain software plug-ins or software application) in order to access Submitted Material on the ContractHub Platform. ContractHub is not responsible for any software or hardware issues that may effect your ability to use the Services.
Ownership of ContractHub Platform: ContractHub retains sole and exclusive ownership of and all right, title, and interest in and to the ContractHub Platform (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property rights pertaining to the ContractHub Platform, but not including any Submitted Material and any equity, compensation and other benefits directly exchanged over ContractHub Platform between you and other parties) and to all modifications and enhancements of the ContractHub Platform, subject only to the rights and privileges expressly granted to you by ContractHub through this Agreement. In addition, The ContractHub Platform is presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of ContractHub. ContractHub reserves all rights in and to the ContractHub Platform not expressly granted under this Agreement. You must not place any claims, liens, or encumbrances on the ContractHub Platform.
The ContractHub Platform is protected by U.S. copyright, patent, trademark and other U.S. and international laws and international treaty provisions. You may not use, copy, modify, or distribute the ContractHub Platform (electronically or otherwise), including the source code and ContractHub documents or contract, for any portion of the ContractHub Platform, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by ContractHub hereunder or otherwise in writing.
You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the ContractHub Platform except where such action is necessary to develop an independent interoperable program (and in such circumstances such action shall only be permitted on the prior written consent of ContractHub). You may not transfer, lease, assign, rent, or sublicense the rights granted to you under this Agreement, or make the ContractHub Platform available for the use of other persons through your ContractHub ID. You may not use any portion of the ContractHub or any standalone utility provided for use with the ContractHub Platform for any purpose other than its intended purpose.
ContractHub’s ability to provide the Services depends upon your acceptance of the following:
- You must be at least 18 years of age or older.
- You are a legal resident of the United States.
- COMPANY DOMICILE. The Company is legally doing business in the United States.
- FREEDOM TO CONTRACT. You have the right enter into this Agreement, and this Agreement does not violate or breach any other obligations by You.
- NO FELONIES. You have not been convicted of a felony or a crime of moral turpitude.
- BACKGROUND CHECK. ContractHub may, but is not obligated to, conduct a background check on you.
- ContractHub may, but is not required, to contact and solicit references from you as described on ContractHub’s website.
- SUBMITTED MATERIAL. ContractHub has unrestricted use and dissemination of the Submitted Material as described on ContractHub’s website, including disclosing such information as reasonably required to perform the process described on ContractHub’s website, including sharing information with you and other authorized parties. ContractHub will not be liable in any way for any errors or omissions in the Submitted Material and you acknowledge that ContractHub does not pre-screen any Submitted Material. Without limiting the foregoing, ContractHub, in its sole discretion, may remove any Submitted Material that violates this Agreement. ContractHub shall have no claim to any rights of the Submitted Material and is a licensee to distribute Submitted Material over ContractHub Platform.
- IMAGE LICENSE. You grant ContractHub a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use and publicly display, the trademark, logo, name, title, company and any other distinguishing marks of you for ContractHub’s marketing and promotional activities related to the ContractHub Platform.
- You own and control all rights in and to the idea, product, invention, service or business that you are uploading and presenting to ContractHub as Submitted Material.
- FREEDOM TO DISCLOSE. The consent of no other person, firm, corporation, company, organization or any other entity is required, to share the information disclosed to ContractHub. ContractHub may disclose information provided by you on the ContractHub Platform.
- NO ENCUMBRANCES. ContractHub may use Submitted Material free and clear of any claims, liens or other encumbrances.
- You have answered all questions completely, honestly and accurately and have not and will not engage in any conduct otherwise designed to mislead, defraud or deceive ContractHub or any other party, as applicable.
- ContractHub does not verify the identity of people in the network. It is Your responsibility to know with whom you are doing business with.
- NOTIFICATIONS & DUE DILLIGENCE. ContractHub does not perform any due diligence or investigations of people or companies on the ContractHub Platform. Such due diligence is Your responsibility. ContractHub is not responsible to notify platform participant of any information, news or events related to Your participation on the ContractHub Platform.
- REJECION OF TRANSACTIONS. ContractHub may rescind any transaction at any time on the ContractHub Platform if ContractHub believes such transfer was made in violation of United States Law, these Terms and Conditions, or any other platform agreements.
- SECURITIES LAW. You understand that the solicitation and/or acceptance of any investment may be a sale of securities governed by federal, state and other securities laws, and agree to comply with any and all applicable state and federal securities laws in connection with any investments solicited, offered or accepted in connection with any Company on the ContractHub Platform, including but not limited to laws governing the offer and sale of securities.
- SECURITIES COUNSEL. You understand that it is your sole responsibility to comply with such securities laws and seek securities counsel and that ContractHub shall not provide or otherwise facilitate the provision of any securities advice or counsel.
- NOT AGENCY OR BROKERAGE. ContractHub will not be acting on your behalf, either directly or indirectly, as an agent, broker or finder, in connection with the offer or sale of any securities or consummation of any business transaction and that ContractHub will not have any liability for any failure to comply with any broker or dealer laws or securities laws.
- IP OWNERSHIP. The ContractHub name and logos are trademarks and service marks of ContractHub (“ContractHub Trademarks”). Other company, product and service names and logos used and displayed on the ContractHub Platform may be trademarks and service marks of their respective owners, who may or may not endorse or be affiliated with or connected to ContractHub. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ContractHub Trademarks displayed on the ContractHub Platform, without ContractHub’s prior written permission in each instance. All goodwill generated from the use of ContractHub Trademarks will inure to the exclusive benefit of ContractHub.
- RELEASE OF LIABILITY. To the maximum extent permitted by law, your respective heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, “Releasing Parties”) hereby irrevocably and unconditionally release and covenant not to sue ContractHub and its successors (inclusive of the expansive definition of ContractHub described herein) (collectively, “Releasees”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) (collectively “Claims”) arising out of, resulting from, or by reason of or in connection with, the submission of Submitted Material to ContractHub.
- UNKNOWN FACTS. There is a possibility that after execution of this Agreement, you may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed and which, if known by you at that time, may have materially affected the decision to execute this Agreement. You acknowledge and agree that by reason of this Agreement and the release of liability contained herein, you are assuming any business risks or otherwise of such unknown facts and claims.
- BUSINESS RISK. You understand and assume all business risks associated with Your participation on the ContractHub Platform. Early-stage companies are inherently risky and you understand that an investment of time, money, or other property, could likely result in little or no value whatsoever.
- WAIVER OF LIABILITY. This Agreement shall constitute a full release of liability in accordance with its terms under any statute, law or rule of similar effect, and acknowledges and agrees that this waiver is an essential and material term of this Agreement and that without such waiver, ContractHub would not have accepted this Agreement or the Submitted Material.
- CHOICE OF LAW. This Agreement shall be deemed to be entered into in New York County, New York, and shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements executed and fully carried out within New York (but not its conflict of laws principles).
- Any action, proceeding or litigation concerning this Agreement may only be brought in New York County, New York, and that, subject to the arbitration proceeding below, the courts of New York County, New York, shall have exclusive jurisdiction over you and the subject matter of any such proceeding.
- Any and all disputes, controversies or claims arising under or relating to this Agreement or any of its terms, including without limitation the applicability of this arbitration provision, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this Agreement, or any provision thereof, and any and all disputes or controversies arising hereunder (collectively, “Matters”), shall endeavor first to resolve by mediation conducted in New York County by JAMS or its successor (“JAMS”). Each party shall bear its own costs and split the mediation fees. If a party shall fail to pay its share of the mediation costs, then the party advancing costs for mediation may charge interest at the highest rate permissible by law on such non-payment amount and receive reimbursement for reasonable legal fees and collection costs. Each party acknowledges and agrees that such non-payment penalty is reasonable and necessary. Notwithstanding the foregoing, no party shall be responsible for another party’s legal expenses incurred in relation to any mediation.
- BINDING ARBITRATION. If any Matter is not resolved, as set forth above, you agree that it shall be resolved by binding arbitration conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS through its New York County office, in accordance with New York law. Any such arbitration shall be conducted by a single, neutral arbitrator, who shall also be a retired judge of a state or federal court, experienced in business disputes, and selected from the JAMS’ panel of arbitrators proffered by its New York County office. Each party shall bear its own costs and split the arbitration fees. If a party shall fail to pay its share of the arbitration costs, then the party advancing costs for arbitration may charge interest at the highest rate permissible by law on such non-payment amount and receive reimbursement for reasonable legal fees and collection costs. Each party acknowledges and agrees that such non-payment penalty is reasonable and necessary. Notwithstanding the foregoing, no party shall be responsible for another party’s legal expenses incurred in relation to any arbitration.
- If the parties cannot agree upon an arbitrator after good faith discussion, the arbitrator shall be chosen by JAMS pursuant to the requirements of this paragraph.
- ARBITRATOR RULING. The arbitrator’s ruling in the arbitration shall be final and binding and not subject to appeal or challenge.
- CLASS ACTION WAIVER. You and ContractHub agree that each may bring claims against the other only in Your (or its) individual capacity, and not as a plaintiff or class member in any purported class or representative action. Unless both You and ContractHub agree, no arbitrator or judge may consolidate more than one Person’s claim or otherwise preside over any form of a representative or class proceeding.
- In the event ContractHub holds shares in your company, but does not vote such shares, You agree that the failure to vote shall not be construed in any manner as a waiver of any right contained in any agreement between You and ContractHub or ContractHub Platform Participant.
- CONFIDENTIAL PROCEEDING. The arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, must be treated as confidential and must not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties.
- WAIVER OF JURY TRIAL. That by agreeing to arbitration, you have waived the right to a jury trial.
- JURISDICTIONAL ENFORCEMENT. Without limiting the foregoing, any provision of this Agreement that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Agreement invalid, illegal or unenforceable in any other jurisdiction.
- ABCNOVO ASSIGNMENT. ContractHub (and its assignees and licensees) may freely assign, in whole or in part, any of their rights or obligations under this Agreement.
- ContractHub reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). ContractHub will provide you with notice of any modification, suspension or discontinuance as promptly as practibable. You agree that ContractHub will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with this Agreement.
- ELECTRONIC NOTICES. You agree ContractHub may provide any notices to your current email or through posting of such notice on ContractHub Platform.
- ELECTRONIC NETWORK NOTICES. You agree that all ContractHub Platform Notices from companies in Your network are legally binding, unless another agreement both (i) specifically mentions, and (ii) invalidates, ContractHub Platform Notices. For avoidance of doubt, this shall include, but not be limited to: shareholder notices, employee notices, termination notices, contractual notices, or any other notice that the company sends You. In the event another agreement between you and a company specifies other forms of notice, You agree that ContractHub Platform Notice shall also be legally binding for past and future agreements.
- NO ASSIGNMENT. You may not assign any rights or obligations under this Agreement.
- In executing this Agreement, you have not relied on any representations or other statements that are not contained herein. No promises have been made to other than as expressly set forth herein.
- FINAL AGREEMENT. This Agreement shall supersede and replace all prior and contemporaneous oral, written and electronic communications, understandings and agreements relating to the subject matter hereof.
- NO COMPENSATION. Neither party is entitled to compensation from the other except as expressly agreed in writing in a separate agreement.
- NO THIRD-PARTY RIGHTS. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and may not be altered or amended except by a writing signed by both parties. This Agreement shall not confer upon any third party any rights or remedies hereunder other than the parties hereto.
- NO FUTURE WAIVER. Any waiver of any term of this Agreement in a particular instance shall not be a waiver of such term for the future.
- The invalidity or unenforceability of any part of this Agreement shall in no way affect the validity or enforceability of any other part thereof.
- MULTIPLE AGREEMENTS. Each of the parties may enter into one or more agreements amongst each other. However, this Agreement shall remain in full force and effect and no other agreement shall negate any of the rights and obligations of the parties to this Agreement unless these Terms and Conditions of Use are specifically referenced and agreed to by ContractHub.
- STORAGE OF AGREEMENTS. ContractHub will allow you to save and store all executed agreements on your own devices, but ContractHub will not be responsible for lost or corrupted agreements on either the ContractHub Platform or your own storage devices.
- PLATFORM AGREEMENT UPDATES. You understand and agree that ContractHub may update the agreement templates available on its platform without notice to end-users. Such updates, however, will not affect agreements already signed by all parties and still in force.
- Under penalty of perjury, all statements made by you in this Agreement are true. The name submitted is your legal name.
- No Attorney-Client Relationship. The documents and processes on the ContractHub Platform have been prepared for general informational purposes only and do not constitute advertising, a solicitation or legal advice. Neither the availability, operation, transmission, receipt nor use of the documents on the ContractHub Platform is intended to create, or constitutes formation of, an attorney-client relationship or any other special relationship or privilege. You should not rely upon ContractHub or the ContractHub Platform for any purpose without seeking legal advice from licensed attorneys in the relevant state(s). Forms provided on the ContractHub Platform are not intended to provide legal advice or substitute for the advice of an attorney. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.
- INDEPENDENT LEGAL COUNSEL. You have been given ample opportunity to read this entire Agreement and warrant that you have had the opportunity to consult with independent legal counsel prior to agreeing to these terms.
- RELEASEE PROTECTION FOR SUBMITTED MATERIAL. The possibility exists that the Submitted Material may be identical with or similar to material which has or may come to Releasees and/or Releasees’ affiliated or related entities from other sources. Receiving identical or similar material has given rise to litigation in the past so that unless Releasees can obtain adequate protection in advance, Releasees will refuse to consider or post the Submitted Material. The protection for Releasees must be sufficiently broad to protect Releasees and all related parties, including without limitation Releasees’ parent, subsidiary, affiliated and related entities and their respective officers, directors, shareholders, employees, contractors, agents, representatives, broadcasters, distributors, licensees, assigns, and all parties with access to the Submitted Material.
- NO DUTY FOR SUBMITTED MATERIAL. The Submitted Material is submitted voluntarily and not in confidence or in trust and that no confidential or fiduciary relationship is intended or created between Releasees and you by reason of such submission or otherwise.
- RELEASEE USE. Releasees’ use of material similar to or identical with the Submitted Material or containing features or elements similar to or identical with those contained in the Submitted Material shall not obligate Releasees to negotiate with Company nor entitle Company to any compensation or other entitlement if Releasees determine that Releasees have an independent legal right to use such other material (either because, e.g., such features or elements were not new or novel, or were not originated by me, or were or may hereafter be independently created by or submitted to Releasees).
- RISK OF DISCLOSURE. You shall not upload information onto ContractHub Platform that you do not want disclosed to other parties on the platform.
- GOVERNMENT AGENCIES. You consent to the disclosure of Your ContractHub Platform information if requested by a government agency.
- OWNERSHIP OF SUBMITTED MATERIAL. You solely own the respective Submitted Material, free of any lien or encumbrance, or have obtained all necessary rights to grant Releasees the right and/or to permit Releasees to use the Submitted Material.
- NO THIRD-PARTY CONSENT FOR SUBMITTED MATERIAL. You have the right to submit and to offer the Submitted Material to Releasees without obligation to any third party, and the consent of no other person or entity is required for Releasees to fully exploit the Submitted Material as provided herein.
- NO CLAIM FOR “IDEAS”. You do not and will not under any circumstances have or assert any so-called “idea submission,” implied contract or similar claim against Releasees, and Releasees are free to use (i.e., Releasees will not owe any money or other obligation for using) any portion of the Submitted Material.
- AUTHORIZED USE OF PLATFORM. You will only access and/or use the Services and ContractHub Platform to which you have been assigned authorized access. You will use the ContractHub Platform solely for business purposes. Your use of a standalone software utility (including any mobile application) to access and use ContractHub Platform will also be governed by and will be in accordance with the terms of this Agreement. Standalone software utilities may include automatic update technology designed to automatically download updates to the utility to your computer or device, and you consent to the receipt of such updates. This Agreement will apply to all use of the ContractHub Platform using your ContractHub ID and password (and any use of the ContractHub Platform by you via a standalone software utility configured to access the ContractHub Platform with a "role" ContractHub ID and password).
- USE OF ONLINE TOOLS, AGREEMENTS, CALCULATORS & REPORT BUILDERS. By using the tools, agreements, services, calculators, report builders and other features (“Reports”) or the ContractHub Platform, and accepting these Terms, You agree to take full responsibility for the assumptions, calculations, methodology and results therein. ContractHub assumes no liability for any consequence resulting from the content or your use of the Reports. ContractHub has no obligation to defend or represent any part of the Reports for any purpose. ContractHub merely provides software to assist you in creating your own Reports.
ContractHub makes no claims about the reliability, completeness or accuracy of the Reports, including but not limited tax, legal, or other accounting issues under any law.
In furnishing the Reports, ContractHub is not providing any opinion or conclusion. We make no appeal to professional organizations or standards to affirm the soundness of the methodology or calculations used. Nor do we claim to be affiliated with any such organizations.
Neither all nor any part of the contents of the Reports should be disseminated to the public through advertising media, public relations, news media, sales media, mail, direct transmittal, or any other means of communication without the prior written consent and approval of ContractHub.
None of the Reports constitutes legal or tax advice in any form. You should always consult your attorney or your accountant for questions regarding the adequacy of all contracts, laws, and other applicable regulations. You are responsible for the calculation and payment of any and all taxes, fees or other government regulatory requirements related to participation on the ContractHub Platform and ContractHub has no obligation to inform you of such.
- PASSWORD UNIQUE TO YOU. You understand and agree that the License and your ContractHub ID and password are only assigned to the individual accepting this Agreement. You agree to take all reasonable and prudent steps not to let any other person learn or use the ContractHub ID or password assigned to you except ContractHub customer support staff as necessary. You also agree that you will neither register nor use any ContractHub ID for group purposes or as a role account (nor permit the same). ContractHub may block access to the ContractHub Platform without notice for any ContractHub ID used for group purposes or as a role account. No service bureau work, multiple-user license, or time-sharing arrangement for the use of the ContractHub Platform is permitted, except as expressly authorized by ContractHub in writing.
- ELECTRONIC SIGNATURE. You agree that your electronic signature may be used as the legal equivalent of your respective manual signature for any agreements entered over ContractHub Platform and you further agree that you have not and will not allow any other person to submit your electronic signature to or over the ABVNovo Platform. You agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide to ContractHub, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes its signature (“E-Signature”), acceptance and agreement as if physically signed by you. You further agree that no certification authority or other third party verification is necessary to validate such E-Signature and that the lack of such certification or third party verification will not in any way affect enforceability of your E-Signature for any agreements entered over the ContractHub Platform.
- ABCNOVO ENTITY. The term “ContractHub” includes its parent, subsidiary, affiliated and related entities, their successors, licensees, assigns, and their respective directors, officers, shareholders, members, employees, agents, contractors, co-founders, advisors, and representatives.
- INDEMNIFICATION. You agree to defend ContractHub, its parent, subsidiary, affiliated and related entities, their successors, licensees, assigns, and their respective directors, officers, shareholders, members, employees, agents, contractors, co-founders, advisors, and representatives (a “ContractHub Indemnitee”) from and against any and all claims, actions, suits, demands or other proceedings brought by or on behalf of any third party, and to indemnify and hold ContractHub Indemnitee harmless against any losses, liabilities and other damages (including, but not limited to, reasonable attorneys’ fees), in any case arising out of or related to (i) your access to and use of the ContractHub Platform and the Services, (ii) a violation or breach by you, or any user of your account, of any provision of this Agreement; and (iii) any action related to Submitted Material posted over the ContractHub Platform or transactions for the Services over the ContractHub Platform. This defense and indemnification obligation will survive following the termination of your use of ContractHub Platform and the Services. ContractHub Indemnitee reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ContractHub Indemnitee in asserting any available defenses. Lastly, ContractHub Indemnitee shall have the right to request from you an advance for reasonable attorney fees.
- NO WARRANTY. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABCNOVO AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. ABCNOVO AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE SUCCESSFUL, OR (IV) SERVICES PROVIDED BY OTHER PARTIES WILL MEET YOUR EXPECTATIONS, AS APPLICABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT AND TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF SERVICES.
- MODIFICATION OF THIS AGREEMENT. ContractHub reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the ContractHub Platform. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the ContractHub Platform will be deemed acceptance thereof.
- NO FIDUCIARY DUTY. You acknowledge that ContractHub and any of its affiliates, has no fiduciary duty to You, arising out of or in connection with your use of the ContractHub Platform or any agreements signed thereon, and you further understand that ContractHub and its affiliates are under no duty or obligation to enforce any rights against any party for any reason.